Arizona Administrative Code

A. An agency may renumber one or more Sections from one Chapter to another Chapter, or within a Chapter under R1-1-404(B)(1). An agency that renumbers a rule under this Section shall make no other changes to the rule except corrections to Section references within the text of the…

In addition to the terms defined under A.R.S. § 41-1001, these words are defined for use in this Chapter unless the context otherwise requires: “Administrative Procedure Act,” “APA,” or “Act” means Arizona Revised Statutes, Title 41, Chapter 6, Administrative Procedure. “Agency” …

A. All rules made, amended, renumbered, recodified, or repealed and filed with the Office after September 30, 1992, will be published in the Register or the Code, as appropriate under: 1. The Act, or 2. Exempt from all or part of the rulemaking process as required in: a. The Act,…

A. A notice and supporting documents shall be prepared according to the Administrative Procedure Act, Article 3. Rule Making and the requirements in this Chapter. B. Typesetting specifications. 1. Page layouts shall be set to use a one-inch margin. 2. A font size shall be no smal…

A. Submission deadlines and a publication schedule are printed in the Register. Notices filed are published under this schedule. B. Filings are accepted during Office hours. Office hours are 8 a.m. to 5 p.m., Monday through Friday, except state holidays. The filing mailing addres…

A. Agency certificates. An agency certificate is evidence that an agency head or agency head’s designee reviewed and approved a rulemaking package. B. An agency certificate shall be prepared as specified in this Section. 1. An original and two copies of the certificates shall be …

A. A receipt, time- and date-stamped by the Office, is evidence a notice was filed. B. An agency shall prepare a receipt as outlined in this Section and specified under R1-1-103. C. Two receipts shall be filed with every notice. D. The original receipt and copy shall be printed o…

To file: 1. In person at the State Capitol Executive Tower, 1700 West Washington, 7th Floor, Phoenix, Arizona; or 2. By inter-agency mail, use the address above; or 3. By mail the address is Secretary of State, Public Services Division, 1700 West Washington Street, 7th Floor, Pho…

The Office may edit and relabel the text of rules under A.R.S. § 41-1011. Historical Note Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp.…

A. Agency Corrections. 1. Notice of Proposed Rulemaking. An Agency shall make a substantial change to a Notice of Proposed Rulemaking by filing a Notice of Supplemental Proposed Rulemaking as outlined under R1-1-507 and A.R.S. § 41-1022(E). 2. Notice of Expedited Rulemaking. An a…

A rule becomes effective sixty days after a certified original and two copies of the rule and preamble are filed in the office of the secretary of state. A.R.S. § 41-1032. 1. The Council or the Attorney General may allow an effective date earlier than 60 days. 2. An agency may sp…

Historical Note Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Section repealed by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

A. Documents filed with the Office under the Act are available for public inspection in the Office during regular office hours. Regular office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except state holidays. B. A person may request, during regular office hours, a c…

A. The fees for the Register, covering publication and distribution costs, are as follows: 1. For a one-year subscription to the Register in print format: a. For noncommercial use: $276. b. For commercial use: $5,500. 2. For a single issue of the Register or a single issue of the…

A. Upon request, complimentary paper copies of the Register and the Code shall be provided to: 1. Governor: one copy; 2. Legislature: a. The Senate: six copies; b. The House of Representatives: six copies; c. The Department of Library, Archives, and Public Records: three copies; …

A. The Secretary of State shall publish the Register under A.R.S. § 41-1013. The Office shall include the schedule of publication dates and deadlines in each issue of the Register and shall make copies of the schedule available in the Office. The Office shall publish each documen…

Register contents shall include: 1. Public records listed under A.R.S. §§ 41-1013 and 49-112; and 2. Other documents as listed under R1-1-103(E). A. An agency shall prepare a Notice of Rulemaking Docket Opening under A.R.S. § 41-1021 and this Section. B. The Notice of Rulemaking …

Historical Note Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Section repealed by final rulemaking at 10 A.A.R. 468, effective March 23…

Historical Note Adopted effective January 1, 1987 (Supp. 86-6). Section repealed, new Section adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Section repealed by final rulemaking at 10 A.A.R. 468, effective March 23…

A. When a rulemaking docket is established, an agency shall submit a notice of rulemaking docket opening to the Office. B. The Notice of Rulemaking Docket Opening shall contain the heading NOTICE OF RULEMAKING DOCKET OPENING in all capital letters centered on a line approximately…

A. If an agency appoints a formal advisory committee to comment on a rule under consideration, the agency shall, at the time the committee is formed, submit to the Office for publication in the Register a Notice of Formal Rulemaking Advisory Committee. The notice shall contain th…

Historical Note Adopted effective January 1, 1987 (Supp. 86-6). Section repealed by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

A. An agency seeking to delegate functions, powers, or duties shall submit to the Office a Notice of Proposed Delegation Agreement that contains the heading NOTICE OF PROPOSED DELEGATION AGREEMENT in all capital letters, centered on a line approximately one inch from the top of t…

A. If an agency schedules an oral proceeding, public workshop, or other meeting on a proposed rulemaking or an oral proceeding on a proposed delegation agreement after the Notice of Proposed Rulemaking or Notice of Proposed Delegation Agreement is submitted to the Office for publ…

A. An agency shall prepare and file a Notice of Agency Guidance Document under A.R.S. § 41-1013(B)(14) for publication in the Register. A Notice of Agency Guidance Document shall contain: 1. On a centered line one inch from the top of the page, the heading in all capital letters,…

A. Under A.R.S. § 41-1013, the Council shall prepare a summary of Council action on: 1. A final rule approved under A.R.S. § 41-1052; or 2. An expedited rule approved under A.R.S. § 41-1053. B. The Council may summarize rules of one Chapter, one Subchapter (if applicable), or one…

A. An agency shall designate an agency ombudsman under A.R.S. § 41-1006. “Ombudsman” as used in this Section means the employee or employees designated by the agency to assist members of the public or regulated community. B. An agency shall prepare and file a Notice of Agency Omb…

A. The Office may establish new Titles in the Code and rearrange existing Titles and Chapters to ensure orderly development of the Code. The Office shall notify each agency whose rules are affected by any rearrangement. B. The first volume of the Code contains a Table of Contents…

A. The Code is published as specified under A.R.S. § 41-1012(B). 1. A Code publication schedule is printed in the Register. 2. A free copy of the schedule is available upon request. B. The Code is updated quarterly. A supplement contains final, expedited, emergency, and exempt ru…

Historical Note Adopted effective January 1, 1987 (Supp. 86-6). Section repealed effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4).

Historical Note Adopted effective January 1, 1987 (Supp. 86-6). Amended subsections (A), (B) and (C) effective July 13, 1988 (Supp. 88-3). Section repealed effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4).

Historical Note Adopted effective January 1, 1987 (Supp. 86-6). Section repealed effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4).

Historical Note Adopted effective January 1, 1987 (Supp. 86-6). Section repealed effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4).

Historical Note Adopted effective January 1, 1987 (Supp. 86-6). Section repealed effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4).

Historical Note Adopted effective January 1, 1987 (Supp. 86-6). Section repealed effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). ARTICLE 4. RULE DRAFTING

Rulemaking notices and supporting documents shall be prepared, drafted, and filed in accordance with this Chapter, the APA, and the recommendations in the Arizona Rulemaking Manual. Amended by final rulemaking at 21 A.A.R. 117, effective March 1, 2015 (Supp. 14-4). Historical Not…

A. The Office shall arrange and classify the subject matter of the Code according to a system of Titles. The Titles are divided into Chapters. The heading of a Chapter containing rules of one major program or subject specifies both the name of the agency and the program or subjec…

A. A Section number is preceded by the letter “R”. B. A hyphenated numbering system is used in the Code. 1. A Section number includes the “R”, the Title number, the Chapter number, the Subchapter label (if applicable), and the Section number indicating the Article number and the …

A. If an agency renumbers one or more Sections at the time the agency amends other existing Sections: 1. The table of contents for the rulemaking package shall show the old number of the Section with strike-outs and the new number with underlining. a. If an agency makes a new Sec…

An agency shall request, in writing or orally, and receive the Office’s permission before inserting a new Section between two existing, consecutively numbered Sections. The agency shall number the new Section using the Section number of the preceding existing Section, followed by…

If an agency repeals or renumbers all Sections in a Chapter, or if all Sections in a Chapter expire, the agency shall not use the Chapter number for one year. Historical Note Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp.…

If an agency requests that the specific or general authority for a Chapter, Subchapter, Article, or Part be published in its rules in the Code, the agency shall include an authority note under which the rules in that Chapter, Subchapter, Article, or Part were made. This note appe…

A. The divisions of a Chapter (Title, Chapter, Subchapter (if applicable), first Article, and first Part (if applicable)) and their labels and headings shall appear above the Section number and heading of the first Section in a rulemaking package. An agency shall center on each l…

A. Citations to the Register shall include the volume and page number, the abbreviation “A.A.R.”, and the issue date. For example, 7 A.A.R. 1325, March 23, 2001. B. Citations to the Code shall include the Title, Chapter, Subchapter, Article, Part, and Section, as applicable, and …

Historical Note Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Section repealed by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1).

A. An agency may provide for the automatic repeal of a Section, in the Section being automatically repealed, by including the day, month, and year of the automatic repeal. This automatic repeal shall be used to repeal only an entire Section. The information specifying the automat…

A. An agency including tabular materials, illustrations, diagrams, figures, and other supplementary material in rules shall label them as Appendices, Exhibits, Illustrations, or Tables. An agency shall use supplementary material to make a rule understandable by persons affected b…

A. Rules may contain statutory language that repeats verbatim existing statutory authority granted to the agency. B. If an agency repeats statutory language within the text of a rule, the statutory language shall appear in italics, and the statutory citation shall appear after th…

A. An agency may incorporate by reference materials as specified under A.R.S. § 41-1028. B. If an agency determines the materials meet the standards to incorporate them by reference under A.R.S. § 41-1028, it shall cite the name of the incorporated by reference materials in rule.…

A. An agency shall list rulemaking actions in the preamble of a rulemaking package as specified in R1-1-502(B)(5) and as required in R1-1-103. B. Article or Part Headings Actions : 1. An agency that strikes text in an Article or Part heading in its entirety, with active Sections …